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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   American Towers, Inc. ) File No. EB-09-HU-0036

   Owner of Antenna Structure # 1209005 ) NOV No. V200932540007

   Chappell Hill, Texas )



                              NOTICE OF VIOLATION

                                                    Released:  April 30, 2009

   By the Resident Agent, Houston Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to American Towers, Inc., owner of
       antenna structure # 1209005 in Chappell Hill, Texas.

    2. On April 28, 2009, an agent of the Commission's Houston Office of the
       Enforcement Bureau observed antenna structure # 1209005 located near
       Chappell Hill, Texas, and observed the following violation(s):

     a. 47 C.F.R. S: 17.47: "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a)(1) Shall make an
        observation of the antenna structure's lights at least once each 24
        hours either visually or by observing an automatic properly
        maintained indicator designed to register any failure of such lights,
        to insure that all such lights are functioning properly as required:
        or alternatively, (2) Shall provide and properly maintain an
        automatic alarm system designed to detect any failure of such lights
        and to provide indication of such failure to the owner." An
        investigation revealed that the automatic alarm system used for this
        antenna structure did not detect or provide indication that the top
        light was not operating in the correct mode and in fact was not
        designed or capable to do that.

     b. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." After
        local sunset, the top tower light continued flashing white and did
        not transition to flashing red.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, American Towers,
       Inc., must submit a written statement concerning this matter within
       twenty (20) days of release of this Notice. The response must fully
       explain each violation, must contain a statement of the specific
       action(s) taken to correct each violation and preclude recurrence, and
       should include a time line for completion of pending corrective
       action(s). The response must be complete in itself and signed by a
       principal or officer of the tower owner. All replies and documentation
       sent in response to this Notice should be marked with the File No. and
       NOV No. specified above, and mailed to the following address:

   Federal Communications Commission

   Houston Office

   9597 Jones Road, #362

   Houston, Texas 77065

    4. This Notice shall be sent to American Towers, Inc., at its address of

    5. The Privacy Act of 1974 requires that we advise you that the
       Commission will use all relevant material information before it,
       including any information disclosed in your reply, to determine what,
       if any, enforcement action is required to ensure compliance. Any false
       statement made knowingly and willfully in reply to this Notice is
       punishable by fine or imprisonment under Title 18 of the U.S. Code.


   Stephen P. Lee

   Resident Agent

   Houston Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   18 U.S.C. S: 1001 et seq.

                       Federal Communications Commission


                       Federal Communications Commission